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BROOKLYN TRUST CO. v. PODVIN

14 N.J. Super. 470 (1951)

82 A.2d 485

BROOKLYN TRUST COMPANY, A BANKING CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, COMMITTEE OF THE PERSON AND PROPERTY OF SALVATORE ZINGALE, AN INCOMPETENT PERSON, AND MARY ZINGALE, PLAINTIFFS, v. RUBIN PODVIN, MORRIS J. SASLAFF COMPANY, MORRIS J. SASLAFF, WILLIAM SASLAFF, CAROLINE FISCHLER, BENJAMIN A. RIMM, THE BOARDWALK NATIONAL BANK OF ATLANTIC CITY, A NATIONAL BANKING ASSOCIATION, AND SALVATORE ZINGALE, INC., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 29, 1951.

Attorney(s) appearing for the Case

Mr. Edward J. O'Mara and Mr. Frederic W. Schumann, for plaintiffs (Messrs. O'Mara, Conway & Schumann, attorneys).

Mr. Eugene N. Harris, for the defendant Boardwalk National Bank (Messrs. Kirkman, Mulligan & Harris, attorneys).

Mr. Clarence Blitz, for the defendants Rubin Podvin and Gussie Podvin, his wife.

Mr. Samuel Levinson for the defendants Benjamin A. Rimm and Caroline Fischler.

Mr. Abraham Rosenberg, for the defendants Morris J. Saslaff Co., Morris J. Saslaff and William Saslaff.

HANEMAN, J.S.C.

This case involves an attempt to set aside a transaction entered into between Salvatore Zingale (an alleged mental incompetent) and Rubin Podvin and Gussie Podvin, involving the purchase by the said Salvatore Zingale of a parcel of realty situate in Atlantic City, New Jersey. The action seeks to restore the incompetent to the financial position he enjoyed prior thereto, and hence the realtor who consummated the sale and the mortgagee who advanced funds...

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